South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

Ray Hickson vs. DHEC

South Carolina Department of Health and Environmental Control

Ray Hickson

South Carolina Department of Health and Environmental Control

Ray Hickson, Petitioner

Etta R. Williams
Attorney for Respondent



WHEREAS, Respondent, South Carolina Department of Health and Environmental Control (ADHEC@ or Athe Department@), is an agency of the state of South Carolina, vested with all the powers, functions, and duties granted to the Department and its officers and agents by statute, and has regulatory authority over management of the Pollution Control Act, S. C. Code Ann. §' 48-1-10 et. seq. (1987 & Supp. 2003), the Water Pollution Control Permits, 24 S.C. Code Ann. Regs. 61-9 (Supp. 2003), and Standards for Wastewater Facility Construction, S.C. Code Ann. Regs. 61-67 (Supp. 2003); and

WHEREAS, Petitioner, Ray Hickson (“Hickson”), is an individual who owns and is responsible for the property located off of Lee County Road 107, with coordinates of N 34 degrees 08 minutes 0.97 seconds, W 080 degrees 21 minutes 34.8 seconds, near Bishopville, in Lee County, South Carolina (Site); and

WHEREAS, Petitioner Hickson, as the owner of the referenced property, violated the Pollution Control Act, Water Pollution Control Permits, and Standards for Wastewater Facility Construction in that he operated a waste disposal system without proper permits from the Department, specifically, allowing for the discharge of septic tank waste onto the Site for disposal prior to receiving Department approval; and

WHEREAS, The Department issued Administrative Order 03-168-W on September 12, 2003, against Petitioner Hickson for violating the above-referenced

Acts; and

WHEREAS, Administrative Order 03-168-W required Petitioner Hickson to pay the Department, within thirty (30) days or receipt of the Order, a civil penalty in the amount of three hundred and sixty thousand dollars ($360,000.00); and

WHEREAS, Petitioner Hickson appealed the Order to the Administrative Law Court (ALC) within the fifteen (15) day period prescribed by S.C. Code Ann. Regs. 61-72 (Supp. 2003) and the Rules of Procedure for the Administrative Law Judge Division; and

WHEREAS, the parties have now resolved all issues in this matter.

NOW THEREFORE, IT IS HEREBY ORDERED, CONSENTED TO, AND AGREED, that Petitioner Hickson shall do the following:

1.within thirty (30) days of the effective date of this Order, submit to the

Respondent DHEC documentation of the request for a closure plan from the Natural Resource Conservation Service (NRCS) for the Site;

2.within thirty (30) days of receipt of the closure plan from NRCS, submit to

DHEC a copy of the referenced plan for its approval; and

3.upon approval of the closure plan, it shall be incorporated into and become an enforceable part of this Order; and

IT IS ALSO ORDERED, CONSENTED TO, AND AGREED that the entire assessed civil penalty of three hundred and sixty thousand dollars ($360,000.00) is suspended; however, the entire said penalty may be re-instated if Petitioner Hickson fails to carry out any provision of this Consent Order for Dismissal.

NOW IS FURTHER ORDERED, CONSENTED TO, AND AGREED to by Petitioner DHEC and Petitioner Hickson that the issues underlying Administrative Order 03-168-W and the above-captioned action are resolved and this proceeding is

hereby dismissed.


____________________________________________July 29, 2004

Ray N. Stevens, Administrative Law Court Judge Date

Brown Bldg.






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